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Articles 1561 - 1590 of 7926
Full-Text Articles in Law
Control And/Or Misconduct: Clarifying The Test For Piercing The Corporate Veil In Alaska, Philip Reed Strauss
Control And/Or Misconduct: Clarifying The Test For Piercing The Corporate Veil In Alaska, Philip Reed Strauss
Alaska Law Review
No abstract provided.
Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer
Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer
All Faculty Scholarship
No abstract provided.
Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith
Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith
Michigan Law Review
This Note seeks to predict the direction and magnitude of the change in settlement frequency under the three fee-shifting rules: American, British, and the British rule as modified by the PCC. Part I analyzes the proposed rule using the theoretical model of litigation and settlement developed by Hause. Part II examines the impact of fee-shifting when the plaintiff's lawyer receives reimbursement via a contingency fee. Analysis of indemnification in a contingency fee context raises several policy issues which section II.A addresses. Section II.B discusses the terms and assumptions made in adjusting Hause's model to reflect the standard contingency fee arrangement, …
Remedies For Environmental Racism: A View From The Field, Luke W. Cole
Remedies For Environmental Racism: A View From The Field, Luke W. Cole
Michigan Law Review
The Michigan Law Review's recent Note, Remedying Environmental Racism, is an important and timely analysis of a civil rights law-based approach to environmental justice work - one of the first to emerge from legal academia. It correctly points out the high hurdles that toxic racism's victims must overcome to successfully pursue such a strategy. Godsil's piece will hopefully spur more academic and on-the-ground work in this nascent legal field, which I call "environmental poverty law" - that is, representing low-income communities (often, in this field, communities of color) facing environmental hazards. As a practitioner of environmental poverty law …
A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr
A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr
Michigan Law Review
To provide some insight into the nature of these disagreements, and to suggest a possible solution to the compensation issue, this article undertakes a critical reexamination of the takings jurisprudence. It focuses on the two bases which the modem Court has articulated as support for its resolution of the compensation issue: (1) the articulated purpose of using the just compensation requirement "to bar Government from forcing some people alone to bear public burdens"; and (2) the early case law. Beginning with the Court's first struggles with the compensation issue in the late nineteenth and early twentieth century, this article traces …
Voluntary Intoxication: A Defense To Intentional Injury Exclusion Clauses In Homeowner's Policies?, Tracy E. Silverman
Voluntary Intoxication: A Defense To Intentional Injury Exclusion Clauses In Homeowner's Policies?, Tracy E. Silverman
Michigan Law Review
This Note argues that the current voluntary intoxication defense to the intentional injury exclusion clause should be modified to allow insurers subrogation rights against insureds who commit intentional acts while voluntarily intoxicated, subject to an exception for alcoholic insureds who successfully complete alcohol treatment programs. Part I discusses the public policy concerns of victim compensation and deterrence and how they influence courts deciding between the three traditional approaches to "intent." Part II analyzes the impact of these intent standards on courts' decisions to allow a voluntary intoxication defense and concludes that the defense as currently formulated promotes victim compensation at …
Religion And Child Custody, Carl E. Schneider
Religion And Child Custody, Carl E. Schneider
University of Michigan Journal of Law Reform
In this Essay, I want to reflect on some problems at the intersection of religion, law, and the family. Specifically, I will explore the ways courts may consider a parent's religiously motivated behavior in making decisions about the custody of children. More precisely still, I will ask two questions. First, may a court refuse to award custody because of a parent's religiously motivated behavior in a dispute between a natural mother and a natural father? Second, when should a court agree to resolve a dispute between divorced parents over the religious upbringing of their children? These are topics of quiet …
Banishing The Thirteenth Juror: An Approach To The Identification Of Prosecutorial Racism, Elizabeth Beske
Banishing The Thirteenth Juror: An Approach To The Identification Of Prosecutorial Racism, Elizabeth Beske
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin
Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin
Duke Law Journal
No abstract provided.
In Re Tatsey Children, 91-J-72 (Blkft. Tr. Ct. App., May 28, 1992), Blackfeet Appellate Court
In Re Tatsey Children, 91-J-72 (Blkft. Tr. Ct. App., May 28, 1992), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court granted a Writ of Habeas Corpus and ordered the immediate release of an individual erroneously placed in the BIA Jail on a 72 hour hold for failure to comply with a court order to get as assessment for drugs and alcohol by May 22, 1992. The underlying order arose from a custody dispute over Defendant’s children where the Defendant agreed to voluntarily see drug and alcohol evaluation. No evidence was present to substantiate involuntary commitment.
Newsletter - 1992-05-28, E. De La Garza
Newsletter - 1992-05-28, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1992-05-21, E. De La Garza
Newsletter - 1992-05-21, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
147th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
147th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
147th University of Notre Dame Commencement and Mass Program including Law School awards
The Institutional Structure Of Production, Ronald H. Coase
The Institutional Structure Of Production, Ronald H. Coase
Occasional Papers
No abstract provided.
Letter To Clerk Of Court Re: Michael Richardson, Roger J. Miner '56
Letter To Clerk Of Court Re: Michael Richardson, Roger J. Miner '56
Correspondence
No abstract provided.
Newsletter - 1992-05-14, E. De La Garza
Newsletter - 1992-05-14, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
May 13, 1992, Questions For Discussion, Wb Workshop With Borrower Countries, Unauthored
May 13, 1992, Questions For Discussion, Wb Workshop With Borrower Countries, Unauthored
WBIP Creation Up To 1993
No abstract provided.
Meeting Minutes - May 13, 1992, Las Vegas Chapter Of The National Bar Association
Meeting Minutes - May 13, 1992, Las Vegas Chapter Of The National Bar Association
Membership Meetings
No abstract provided.
The Record - Vol. 20, Issue 15, Iit Chicago-Kent College Of Law
The Record - Vol. 20, Issue 15, Iit Chicago-Kent College Of Law
The Record
Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.
Deliberate Response Falsification On Corresponding Subtests Of Two Tests Of Intelligence: Indicators For Simulating Mental Retardation, Denis William Keyes
Deliberate Response Falsification On Corresponding Subtests Of Two Tests Of Intelligence: Indicators For Simulating Mental Retardation, Denis William Keyes
Special Education ETDs
Among concerns inherent in psychological testing is the possibility that examinees might perform less than accurately or honestly when responding to test items (Lezak, 1983). In context of some legal proceedings, individuals may stand to gain by performing poorly on physiological tests (Anastasti, 1988). For example, defendants could attempt to falsify their answers to impersonate an individual with mental retardation for the purpose of raising issues of incompetence to stand trial, nonresponsibility, or mitigation. In some states, a finding of mental retardation may mean the difference between a life sentence and execution for a defendant convicted of a capital crime. …
Racine V. Morgan, 92-Ap-07 (Blkft. Tr. Ct. App., May 11, 1992), Blackfeet Appellate Court
Racine V. Morgan, 92-Ap-07 (Blkft. Tr. Ct. App., May 11, 1992), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court the Court granted a defendant’s motion to dismiss, holding he may not be held liable if negligence of driver is not imputed to the owner. In this case, no facts support that the owner (defendant) of the vehicle was the driver of the vehicle when it collided with plaintiff’s vehicle. Fundamental rule of law recognizes that negligence of the driver cannot be imputed to the owner of the vehicle, absent special conditions. The Claim was dismissed for failure to state a claim upon which relief could be granted.
1992 Recognition Ceremony Program
Rosebud Sioux Tribe V. Everett Crow Good Voice, Frank Pommersheim
Rosebud Sioux Tribe V. Everett Crow Good Voice, Frank Pommersheim
Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim
No abstract provided.
Newsletter - 1992-05-07, E. De La Garza
Newsletter - 1992-05-07, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
The Record - Vol. 20, Issue 14, Iit Chicago-Kent College Of Law
The Record - Vol. 20, Issue 14, Iit Chicago-Kent College Of Law
The Record
Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.
Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell
Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell
Faculty Scholarship
May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …
Obsolete On Its Face: The Libel Per Quod Rule (With R. Meslar), Richard Conviser
Obsolete On Its Face: The Libel Per Quod Rule (With R. Meslar), Richard Conviser
All Faculty Scholarship
No abstract provided.
Ndls Update 05/1992, Notre Dame Law School
Governmental Liability For Negligent Failure To Detain Drunk Drivers , Kelly Mahon Tullier
Governmental Liability For Negligent Failure To Detain Drunk Drivers , Kelly Mahon Tullier
Cornell Law Review
No abstract provided.